If IAS, IPS officers stay in detention for over 48 hours affirmation of suspension not wanted: Centre

By PTI

NEW DELHI: There isn’t any requirement for affirmation of suspension by the Central authorities in case an IAS, IPS or IFoS officer stays in detention/custody for greater than 48 hours, the Centre has mentioned.

The clarification comes after the federal government acquired various queries concerning the difficulty of deemed suspension and the requirement of affirmation of suspension by it below the provisions of All India Services (Discipline and Appeal) Rules, 1969.

Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) are the three All India Services. 

According to present provisions, “a member of the service who is detained in official custody whether on a criminal charge or otherwise for a period longer than 48 hours, shall be deemed to have been suspended by the government concerned under this rule”.

“The matter has been examined in light of 3(2) of AIS(D&A) Rules, 1969. Accordingly, it is clarified that in the cases of deemed suspension under Rule 3(2), the confirmation of suspension by the Central government is not required for the period that the government servant remains in detention/custody,” mentioned an order issued by the Department of Personnel and Training (DoPT).

The query of affirmation of suspension would come up solely when, after launch from detention/custody, the federal government intends to proceed with suspension, it added.

“In this event, if the period of suspension exceeds 30 days, the confirmation of suspension order by the Central government as envisaged under Rule 3(1) will be required within 30 days from the date of release or the date on which the fact of his release comes to the knowledge of the government,” mentioned the order issued to chief secretaries of all state governments and secretaries of Home and Environment, Forest and Climate Change ministries.

NEW DELHI: There isn’t any requirement for affirmation of suspension by the Central authorities in case an IAS, IPS or IFoS officer stays in detention/custody for greater than 48 hours, the Centre has mentioned.

The clarification comes after the federal government acquired various queries concerning the difficulty of deemed suspension and the requirement of affirmation of suspension by it below the provisions of All India Services (Discipline and Appeal) Rules, 1969.

Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) are the three All India Services.  googletag.cmd.push(perform() googletag.show(‘div-gpt-ad-1687167573941-0’); );

According to present provisions, “a member of the service who is detained in official custody whether on a criminal charge or otherwise for a period longer than 48 hours, shall be deemed to have been suspended by the government concerned under this rule”.

“The matter has been examined in light of 3(2) of AIS(D&A) Rules, 1969. Accordingly, it is clarified that in the cases of deemed suspension under Rule 3(2), the confirmation of suspension by the Central government is not required for the period that the government servant remains in detention/custody,” mentioned an order issued by the Department of Personnel and Training (DoPT).

The query of affirmation of suspension would come up solely when, after launch from detention/custody, the federal government intends to proceed with suspension, it added.

“In this event, if the period of suspension exceeds 30 days, the confirmation of suspension order by the Central government as envisaged under Rule 3(1) will be required within 30 days from the date of release or the date on which the fact of his release comes to the knowledge of the government,” mentioned the order issued to chief secretaries of all state governments and secretaries of Home and Environment, Forest and Climate Change ministries.